SteveP5 (Florida)
Posts: 50
Posts: 50
Posted:
Not clear if and when a unit owner can loose his right to vote.
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Right to vote suspended- Florida
Started by SteveP5 • 9 replies • 1700 views
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EllenS1 (Florida)
Posts: 1,148
Posts: 1,148
Posted:
Steve,
What do your documents say? It should be spelled out. Usually an owner cannot vote if they are behind in assessments and/or in violation of a covenant.
What do your documents say? It should be spelled out. Usually an owner cannot vote if they are behind in assessments and/or in violation of a covenant.
DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
Steve,
From 720:305 (3) " (3) If the governing documents so provide, an association may suspend the voting rights of a member for the nonpayment of regular annual assessments that are delinquent in excess of 90 days. "
Steve, Notice the very first word? "IF" so hopefully your documents have that provision.
SteveP5 (Florida)
Posts: 50
Posts: 50
Posted:
I found out that our by-laws are intended to comply with 718 does that mean 720 does not apply at all?
AnnJ1 (Florida)
Posts: 122
Posts: 122
Posted:
Hi Steve,
There are marked differences between the statutes for condominium associations (Chapter 718) and homeowner associations (Chapter 720) here in Florida. Since you used the term "unit", I am wondering if you might belong to a condominium association?
Donna is correct in her citing of the homeowners' statutes regarding voting rights... However, the condominium statutes does NOT permit suspension of USE or VOTING rights regardless if such is stated in your bylaws.
Here is a link to a pdf file which is authored by the prominent attorney firm of Becker & Poliakoff
http://www.becker-poliakoff.com/pubs/articles/adams/adams_2006_10_12.pdf
This pdf reference is one in a series of articles which outline differences between Chapter 720 and Chapter 718.
HTH,
Ann
There are marked differences between the statutes for condominium associations (Chapter 718) and homeowner associations (Chapter 720) here in Florida. Since you used the term "unit", I am wondering if you might belong to a condominium association?
Donna is correct in her citing of the homeowners' statutes regarding voting rights... However, the condominium statutes does NOT permit suspension of USE or VOTING rights regardless if such is stated in your bylaws.
Here is a link to a pdf file which is authored by the prominent attorney firm of Becker & Poliakoff
http://www.becker-poliakoff.com/pubs/articles/adams/adams_2006_10_12.pdf
This pdf reference is one in a series of articles which outline differences between Chapter 720 and Chapter 718.
HTH,
Ann
SteveP5 (Florida)
Posts: 50
Posts: 50
Posted:
Honestly I would be lost without you guys.
AnnaD2 (Florida)
Posts: 960
Posts: 960
Posted:
Yeah, Steve, they're pretty helpful aren't they? I've learned more here than I could anywhere else. They're are a wealth of information. Their opinions make us THINK and give us a prespective of all sides of a situation.
Yet we're still in a tough spot (usually). It's trying to educate members and other board members that what we learn is TRUE and correct and getting them to learn to do things the proper and lawful way. Especially when there is so much "good ol' boys" attitudes still out there; and the "we've always done it this way" mentallities.
Yet we're still in a tough spot (usually). It's trying to educate members and other board members that what we learn is TRUE and correct and getting them to learn to do things the proper and lawful way. Especially when there is so much "good ol' boys" attitudes still out there; and the "we've always done it this way" mentallities.
CarolF (Florida)
Posts: 435
Posts: 435
Posted:
Steve - Please find out from someone who knows if you are a condominium assoc. (718) or a homeowners assoc. (720). Just the fact that you call it a "townhouse" doesn't tell us which it is. We have townhouses here which are condo associations, because the people don't actually own the entire lot. They own from the outside walls in. The lots are considered common area. We can't give you good answers because 718 and 720 are different statutes.
CarolF (Florida)
Posts: 435
Posts: 435
Posted:
Steve - Please find out from someone who knows if you are a condominium assoc. (718) or a homeowners assoc. (720). Just the fact that you call it a "townhouse" doesn't tell us which it is. We have townhouses here which are condo associations, because the people don't actually own the entire lot. They own from the outside walls in. The lots are considered common area. We can't give you good answers because 718 and 720 are different statutes.
SteveP5 (Florida)
Posts: 50
Posts: 50
Posted:
the by-laws state that they intend to comply to 718.
there is much to figure out here. One unit is suposed to go on sale on Friday. the HOA foreclosed not the bank but the bank is foreclosing too.
The unit owner who's unit is supposed to be sold is part of what I'm calling the Gang Of Four. Meaning that her vote was used to overturn the last BOD. they voted 4 vs. 3. our association consists of seven units.
To bring the Association back on the level and to stop the current president from doing all sorts of silly stuff I need to get him off the BOD first.
If the foreclosed unit owner no longer has a vote and the lot stands empty my self and two other unit owners intend to recall the president.
Our thinking is he can't vote in his own favor so that leaves two units to three and adios Mr. president.
unless he can vote for himself and then we have a problem or if president refuses to go ahead with the sale ...the unit owner stays and still has a vote.
very confusing.
the unit owner and president are friends, so I think he is going to call off the sale.
there is much to figure out here. One unit is suposed to go on sale on Friday. the HOA foreclosed not the bank but the bank is foreclosing too.
The unit owner who's unit is supposed to be sold is part of what I'm calling the Gang Of Four. Meaning that her vote was used to overturn the last BOD. they voted 4 vs. 3. our association consists of seven units.
To bring the Association back on the level and to stop the current president from doing all sorts of silly stuff I need to get him off the BOD first.
If the foreclosed unit owner no longer has a vote and the lot stands empty my self and two other unit owners intend to recall the president.
Our thinking is he can't vote in his own favor so that leaves two units to three and adios Mr. president.
unless he can vote for himself and then we have a problem or if president refuses to go ahead with the sale ...the unit owner stays and still has a vote.
very confusing.
the unit owner and president are friends, so I think he is going to call off the sale.
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